W100_Etma1

W100 Rules. Rights and Justice Answer 1 1-a The Sunbeds (Regulation) Act 2010 states : Salon operators have to prevent under-18s from using sunbeds . Under age people cannot have access the services in a customer capacity. A Sunbed business should not make any offer to young people to use their services. The sunbed premises are restricted zone for under 18’s. If the sunbed area for business use, that means it is a restricted zone. A restricted zone must be created around sun beds, which underage people must not enter. The act states under 18 person cannot use sunbed in relevant premisies. Relevant premises means, occupied and under management of sunbed business and also not a domestic property. 1-b The Sunbeds (Regulation) Act 2010 section 2,subsection 6 states, the possible punishment for a person carrying on a sunbed business is guilty of an offence is maximum £20,000. It is the maximum fine, it can be even less than this amount but no more than £20,000. Answer 2 Section 3 provides for an exemption from the duties in section 2(1) where a sunbed is used for the purposes of medical treatment under the supervision or direction of a registered medical practitioner, the sunbed is in, or provided by, a healthcare establishment (as defined) and the sunbed is made available only for the purpose of medical treatment. Where the conditions for the exemption are met, a person aged under 18 may be allowed to use, or be offered the use of the sunbed, or be present in a restricted zone containing the sunbed, without an offence being committed by P. It means, under 18 person, if uses the sunbed for medical reason,(such as for bad skin treatment) it is legal. Moreover the treatment has to be done by medical practitioner in a healthcare establishment. `...”healthcare establishment” means – a) In England, a hospital as defined by section 275 of the National Health Service Act 2006: b) In Wales, a hospital as defined by section 206 of the National Health Service(Wales) Act 2006 or an independent hospital, independent clinic, or independent medical agency within the meaning of the Care Standards Act 2000. Answer 3 a) Accordingly The Sunbeds (Regulations) Act 2010; - Nikki can use the sunbed, it is legal, because she is 18 years old. It must be confirmed that ,Nikki’s age certainly over 18, if her date of birth proofs she is 18, there is no restriction for her to use sunbeds. She is allowed to use it. Shula can accept her, as a beauty salon customer , she will not committed an offence. - Mandy is under 18,she cannot use sunbeds in the beauty salon, but the sunbed is out of the business premises. The Sunbed (Regulation) Act 2010 states relevant premises in subsection (2)(b) are not domestic premises. Therefore Shula is not committed crime to let Mandy to use the sunbed in her flat. Because she is not acting as a business person, it is outside the business premises. -Grant had an offer from the worker about sunbed facilities. Pointing special offer advertisement can be count as an offer. `Sunbeds Regulations Act 2010, 2(1)(b) 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..` Therefore David and his supervisor are committed the offence. (b)Accordingly The Sunbeds (Regulations) Act 2010 Section 3; Tina’s treatment needs to be • for medical purpose, • done or supervised by a registered medical practitioner, • The sunbed must be only use for medical treatment, • The sunbed must be in a healthcare establishment. Tina is under 18,however she can use sunbed for the medical purpose, it is an exemption. It seems Tina used the sunbed in a healthcare establishment, because it is a hospital, assumingly Tina used the sunbed under the supervision or direction of a registered medical practitioner. Therefore Tina’s treatment falls within the ambit of The Sunbeds (Regulations) Act 2010. Word Count 663 Bibliography Howells et al.(2010) OU W100 `Rules, Rights and Justice: An introduction to Law`, Assessment Guide Part 1, Milton Keynes, The Open University.