W100_Etma01_Law

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 section 206 of the National Health Service (Wales) Act 2006 it can be a hospital, an independent hospital or clinic or under the Care Standards Act 2000 it can be an independent medical agency. Question 3a I would advise Shula that with regards to Nikki, that no offense has been committed by her as Nikki was 18 years of age when she booked the appointment for a sunbed session. This means that Nikki is free to use any sunbed within Shulas business premises. With regards to Mandy aged 16, I would advise Shula that she has not broken the law as the sunbed used by Mandy and her mother, who is a personal friend of Shula, was located within Shula’s flat which is situated above the sunbed premises and has not been declared as part of the business furthermore, there was no mention of monies changing hands for the use of said sunbed. It is stated in given text that, ‘There are six sunbeds in the business. Shula also has a sunbed in her flat’. The flat is clearly a domestic premises rather than a business premises which, as a result means that the sunbed in her flat is her personal sunbed rather than one that is part of her business and means it is not on ‘relevant premises’(S.2 subsection 2a and b.) The sunbed in the flat is therefore not within a ‘restricted zone’. With regards to Grant aged 17 an offer or at least a suggestion of using a sunbed on special offer has been made on behalf of Shula who is the proprietor of the business by one of her assistants. This clearly is illegal as it is stated in the Sunbed (Regulations) Act 2010 in section 2 subsection 1b ‘that no offer is made by P or on P’s behalf to make a sunbed to which the business relates available for use on relevant premises by a person aged under 18;’. In this instance I would advise Shula that she has indirectly committed an offense by not securing that the aforementioned action does not happen. An argument to this could be that David, Shulas assistant, pointed out the special offer to Grants sister who we can presume to be over 18 thereby the offer was not made directly to Grant and was not contravening S.2 subsection 1b. Question 3b I would advise Tina that her treatment falls within the scope laid out in the Sunbeds (Regulations) Act 2010. As even though she was aged 16 years or possibly 15 she received the treatment on what we can assume was a dedicated sunbed in a healthcare establishment (hospital). This is covered in section 3 subsection 1a, 1b and subsection 5a. Therefore her use of the sunbed was legal and was not an offense made by her or anyone else, providing she was referred by a medical practitioner for these sunbed sessions and they were given under the guidance or direction of her medical practitioner and proof of this could be obtained if Tina were to be challenged about it. Word count 855 Bibliography W100 Assessment Guide Part 1, February 2011 presentation, Milton Keynes, Open University.