W100_Tma1

A person running a sunbed business must make sure that no person under the age of 18 uses a sunbed on the business premises, section 2 (1ain addition that no person under the age of 18 even books a session on a sunbed or gets another person to book a session on a sunbed for said under 18, a sunbed on their section 2 (1a+b) no person aged under 18 is permitted within any room or area where a sunbed is situated as these are restricted zones, section 2 (1c)(4). b) What is the possible punishment for a sunbed business if is guilty of an offence under subsection section 2 (1) If the person who holds a sunbed business is guilty of an offence under subsection section 2 (1) the possible penalty for the person could be liable to a fine up to £20,000 section 2 (6). Q2 In what circumstances the use of a sunbed is exempt from the requirements of the Sun bed Act 2010. In certain circumstances people under the aged of 18 can use a sun bed if the sun bed is used for the treatment of a medical purpose which may not be illness and supervised by a registered medical practitioner, e.g. Doctor or Consultant and the sun bed is used solely for medical purposes and is in a health care establishment or has been provided by a health care establishment then the use of a sunbed is exempt from the Sunbed Act 2010 Section 3 (1a+b). A healthcare establishment in England is classed as a hospital section 3(5a) but in Wales can either be a hospital or an independent clinic or independent medical agency within the meaning of Care Standards Act 2006 section 3(5b). But if the dedicated sunbed is on private premises then section 2 (1a, b, c) does not apply as long as the sunbed is provide by a healthcare establishment and is therefore used solely for medical treatment then supervised by a registered medical practitioner and that the dedicated sunbed is restricted from public use in a restricted zone then is only exempt from the Sunbed Act 2010. Q3 a) At the outset, say that Shula Smith appears to be subject to the requirements of the Sunbeds (Regulation) Act 2010 in that she owns and manages a Sunbeds business (s2(1)) which she runs in premises which appear to be business premises and separate from her own flat (s2(2)(a) and (b)). Shula that with reference to the teenagers discussing the uses of sunbeds. Nikki was within. The Sunbed (Regulation) Act 2010 book an appointment and uses a sunbed on the premises, and is not a problem as that no offence has been committed, due to Nikki being aged 18 and Shula has followed the correct procedures in line with the Sunbed Act 2010. In reference to Mandy, to have allowed Mandy to have used to sunbed on the premises, Shula would have committed offences under section 2 (1)(a) due to Mandy only being 16 , as no persons under 18 are use a sunbed or be with in any restricted areas were sunbeds are situated, Mandy would have only been permitted if she has had a medical illness and there was a dedicated sunbed on the premises restricted from public use and supervised by a registered medical practitioner. The Sunbed (regulation) Act 2010 does not state that a person under the age of 18 cannot use a sunbed on domestic premises which is what Mandy was using with her mother in Shula’s flat which was not part of the premises. Concerning Grant who is aged 17, even though he went to Shula salon with his sister, he did not enter any restricted zones section 2 (5) were sunbeds are situated, so no offences were committed, but Shula does need to be making her staff aware of the Sunbed (Regulations) Act 2010 due to her assistant pointing out to Grant that there was a trial sunbed session that were available that afternoon, at it is an offence under s2 (1b)(2) (a) that no offer is made by (P) or on (Ps) behalf to make a sunbed available for persons aged under 18 . The offer is made to Grant relating to premises which are relevant as defined in s2(2)(a) and (b). If the assistant pointed out the offer with reference to another family member or friend taking up the offer then Shula has still not committed any of the offences in the Sunbed Act, but if the assistant intended the trail session for Grant then Shula’s assistant has committed an offence under (1b) Sunbed Act 2010 and Shula is liable on a summery conviction to a fine up to £20,000. Section 2(6) b) Did Tina’s treatment fall within the ambit of the Sunbeds (regulation) Act 2010 In reference to Tina using a sunbed and being aged under 18, due to Tina’s use of a sunbed was for treatment of an illness and took place in a Health Care establishment. This would appear to be a health care establishment (s3(1)(b)) as defined in s3(5)(a) or (b). and under supervision of a registered medical practitioner, It is not known for certain that the treatment was medical and it is not not known if it was provided under the supervision or direction of a registered medical practitioner (s3(1)(a). Tina fell within the ambit of the Sunbed (regulation) Act 2010 section 2 (1a,b). Word Count – 823