Public Health (Sunbeds) Act 2014

1. Interpretation

1. In this Act—

authorised officer” means a person appointed under section 16;

age card” has the same meaning as it has in Part IV of the Intoxicating Liquor Act 1988;

employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a fixed-term employee, a temporary employee, a person who is training for employment or receiving work experience and a member of the family of an employer and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;

employer”, in relation to an employee—

(a) means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment,

(b) includes a person (other than an employee of that person) under whose control and direction an employee works, and

(c) includes where appropriate, the successor of the employer or an associated employer of the employer;

Executive” means the Health Service Executive;

hire” includes to offer for hire or to hire or to supply, whether or not for profit, and cognate words shall be construed accordingly;

Minister” means the Minister for Health;

premises” includes a building, a dwelling or other structure, or part of a building, dwelling or other structure, a vessel, a vehicle, a tent, caravan or other temporary or movable structure;

“prescribed” means prescribed by regulations made by the Minister;

restricted area” means—

(a) a wholly or partly enclosed space on a sunbed premises where there is a sunbed, or

(b) a room, other than a space referred to in paragraph (a), in a sunbed premises where there is a sunbed;

sale” includes to offer for sale or to sell or to supply, whether or not for profit, and cognate words shall be construed accordingly;

sunbed” means an electrically-powered device designed to produce tanning of the human skin by the emission of ultra-violet radiation;

sunbed business” means, as the context requires, a business where one or more than one sunbed is made available for use or a business which sells or hires sunbeds or advertises or promotes the use, sale or hire of sunbeds;

sunbed premises” means premises on which a sunbed business is carried on.

2. Regulations

2.(1) The Minister may, after consultation with such Ministers of the Government as the Minister considers appropriate, make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulation.

(3) Every regulation under this Act shall be laid before the Houses of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

3. Application of Act

3.(1) This Act applies to the use of a sunbed on a sunbed premises, the sale or hire of sunbeds or the advertisement or promotion of the use, sale or hire of sunbeds.

(2) This Act does not apply to the use of a source of artificial ultra-violet radiation used for phototherapy provided under the supervision or direction of a relevant medical practitioner in a healthcare establishment, or provided elsewhere by that establishment under such supervision or direction.

(3) In this section—

healthcare establishment” means a hospital, healthcare centre, clinic or other facility which is normally attended by a relevant medical practitioner, where phototherapy may be provided under the supervision or direction of such a medical practitioner and where that equipment is regulated by a medical physicist;

medical practitioner” means a medical practitioner who is for the time being registered in the register established under section 43 of the Medical Practitioners Act 2007;

relevant medical practitioner” means a medical practitioner who is registered in the Specialist Division of the register, under section 43 of the Medical Practitioners Act 2007, under the medical specialities of—

(a) dermatology,

(b) paediatrics, or

(c) such other specialities as the Minister may prescribe.

4. Prohibition on permitting use of sunbed by person under 18 years of age on sunbed premises

4.(1) The owner, manager or employee of a sunbed business shall not—

(a) sell the use of a sunbed on a sunbed premises to a person under 18 years of age,

(b) permit a person under the age of 18 years to be in a restricted area, except in the course of employmentin or for the purpose of the provision of services to the sunbed business concerned, or

(c) permit a person under the age of 18 years to use a sunbed on a sunbed premises.

(2) A person who contravenes subsection (1) commits an offence.

(3) In any proceedings against a person for an offence under subsection (1), it shall be a defence for such person to prove that the person under 18 years of age produced to him or her—

(a) an age card,

(b) a passport, or

(c) a driving licence, relating to that person.

5. Prohibition on sale or hire of sunbed to person under 18 years of age

5.(1) A person shall not sell or hire or offer for sale or hire, or permit to be sold or hired or offered for sale or hire, a sunbed to a person under 18 years of age.

(2) A person who contravenes subsection (1) commits an offence.

(3) In any proceedings against a person for an offence under subsection (1), it shall be a defence for such person to prove that the person under 18 years of age produced to him or her—

(a) an age card,

(b) a passport, or

(c) a driving licence, relating to that person.

6. Prohibition on unsupervised use of sunbed

6.(1) The owner or manager of a sunbed business shall not—

(a) permit a person to use a sunbed on a sunbed premises except under the supervision of the owner or manager concerned or an employee of the sunbed business concerned,

(b) employ a person who is under 18 years of age to supervise the use of a sunbed on a sunbed premises.

(2) A person who is supervising the use of a sunbed shall ensure that—

(a) the person using the sunbed is over the age of 18 years,

(b) protective eyewear is made available, as required by section 7,

(c) a copy of the information prescribed under section 15(1) has been provided to the person proposing to use the sunbed and that the person concerned has had an opportunity to read that information, and

(d) the form referred to in section 15(2) has been signed by the person who proposes to use the sunbed.

(3) A person who contravenes subsection (1) or (2) commits an offence.

7. Protective eyewear

7.(1) The owner, manager or employee of a sunbed business shall—

(a) make protective eyewear available to a person who proposes to use, purchase or hire a sunbed,

(b) ensure that a person who uses a sunbed on the sunbed premises concerned wears protective eyewear, and

(c) ensure, where the eyewear referred to in paragraph (a) is single use eyewear, such eyewear is disposed of after use, or

(d) ensure, where the eyewear referred to in paragraph (a) is multi-use eyewear, such eyewear is appropriately sanitised before re-use.

(2) The owner or manager of a sunbed business shall retain for such period as the protective eyewear concerned is available for use, and in any event for a period of not less than 2 years, on the sunbed premises for the purpose of inspection by an authorised officer, documentary evidence that protective eyewear made available in accordance with subsection (1)(a) complies with the required standard.

(3) A person who contravenes subsection (1) or (2) commits an offence.

(4) In this section—

protective eyewear” means eyewear, designed to protect the eyes of a person using a sunbed from ultra-violet radiation, which complies with the required standard;

required standard” means the standard for protective eyewear included in the European harmonised standards published from time to time by the European Committee for Standardization (CEN) or the European Committee for Electrotechnical Standardization (CENELEC).

8. Hygiene

8.(1) The owner or manager of a sunbed business shall—

(a) maintain a sunbed premises in good repair and in a clean and hygienic condition, and

(b) ensure that a sunbed provided for use on those premises is maintained at all times in a clean and hygienic condition.

(2) A person who contravenes subsection (1) commits an offence.

9. Prohibition of certain marketing practices

9.(1) A person shall not offer the use, sale or hire of a sunbed free of charge.

(2) The Minister may, for the purpose of protecting public health and in particular for the purpose of reducing the risk to health arising from the use of sunbeds, prescribe as prohibited certain marketing practices, including—

(a) the advertising or promotion of the use, sale or hire of sunbeds at a reduced price or free of charge,

(b) the use, sale or hire of sunbeds at a reduced price,

(c) promotions for the purposes of promoting sunbed use, or any event or activity that is likely to encourage persons to use sunbeds being carried out on premises where sunbeds are used, sold or hired,

(d) any such other marketing practice.

(3) A person, other than a sunbed business referred to in subsection (4), who contravenes subsection (1) or regulations made under subsection (2) commits an offence.

(4) Nothing in subsection (1) or (2) shall prevent a sunbed business offering the sale or hire of a sunbed at a reduced price or free of charge to another sunbed business.

(5) For the purposes of this section, the use, sale or hire of a sunbed at a reduced price or free of charge includes—

(a) the award, whether directly or indirectly, of bonus points, loyalty card points, or any similar benefit, to any person arising from the use, purchase, sale or hire by that person, or by any other person, of a sunbed,

(b) the use of any such points or benefit, whether directly or indirectly, to obtain the use, purchase or hire of a sunbed, or any other product or service, at a reduced price or free of charge, and

(c) the use, whether directly or indirectly, of bonus points, loyalty card points, or any similar benefit, arising from the purchase of any product or service to obtain the use, purchase or hire of a sunbed at a reduced price or free of charge.

10. Prohibition on health claims

10.(1) A person shall not publish any material that promotes a claim to any health or other benefit resulting from the use of sunbeds other than information prescribed under subsection (4), section 11(1) or section 15(1).

(2) The owner or manager of a sunbed business shall not make available or display any material that promotes a claim to any health or other benefit resulting from the use of sunbeds other than information prescribed under subsection (4), section 11(2) or section 15(1).

(3) The owner or manager of a website or social media site that promotes the sale, use or hire of sunbeds shall not display any material that promotes a claim to any health or other benefit resulting from the use of sunbeds other than information prescribed under subsection (4)or section 11(2).

(4) The Minister may prescribe permitted information on claims to any health or other benefit resulting from the use of sunbeds and the manner in which such information may be displayed.

(5) A person who contravenes subsection (1), (2) or (3) commits an offence.

11. Warning signs

11.(1) The owner or manager of a sunbed business shall ensure that warning signs in such form as may be prescribed intended to inform the public of the health risks associated with the use of sunbeds and containing such other information as may be prescribed are displayed in such manner as may be prescribed on the sunbed premises or the website of the sunbed business concerned.

(2) The owner or manager of a website or social media site that promotes the sale, use or hire of sunbeds shall ensure that warning signs prescribed under subsection (1) are displayed in the manner prescribed under that subsection on the website or social media site concerned.

(3) Information included in warning signs prescribed under subsection (1) may include information relating to—

(a) the adverse health effects of the use of sunbeds generally, and

(b) the prohibition on the use of sunbeds by persons under 18 years of age.

(4) A person who contravenes subsection (1) or (2) commits an offence.

12. Remote sale or hire of sunbed

12.(1) Subject to subsection (2), the sale or hire of a sunbed is deemed, for the purposes of this Act, to take place on the premises where an agreement is made for the sale or hire of that sunbed.

(2) Where—

(a) the premises where the agreement for the sale or hire of a sunbed is made is not in the State, and

(b) the premises from which the sunbed is despatched is in the State, the sale or hire is deemed, for the purposes of this Act, to take place on the premises from which the sunbed is despatched.

13. Notification

13.(1) The Executive shall compile and maintain a list of persons who own a sunbed business (the “Sunbed Business Notification List”).

(2) Within 6 months of the commencement of this section, or such further period as may be prescribed, the owner of a sunbed business shall by notice in writing inform the Executive that he or she provides sunbeds for use, sale or hire.

(3) A person who intends to carry on a sunbed business shall by notice in writing inform the Executive of his or her intention no later than 30 days before commencing to carry on the business.

(4) Where a sunbed business is transferred to a new owner, that owner shall by notice in writing inform the Executive of the transfer of the sunbed business concerned within 30 days of the occurrence of such transfer.

(5) A notice under subsection (2), (3) or (4) shall include—

(a) the name and address of the person concerned,

(b) the address of each sunbed premises owned by that person,

(c)(i) where the business provides sunbeds for use on the premises, the number of sunbeds on the premises,

(ii) where the business offers sunbeds for hire, the number of sunbeds available for hire and the number of sunbeds hired out, or

(iii) where the business sells sunbeds, the number of sunbeds available for sale,

(d) information relating to the completion of training prescribed under section 14 by the person carrying on or intending to carry on the sunbed business concerned or by an employee of that business,

(e) such other information as may be prescribed.

(6) A notice under subsection (2), (3) or (4) shall be accompanied by such fee in respect of each premises referred to in subsection (5)(b) as may be prescribed from time to time for the purpose of the establishment and maintenance of the Sunbed Business Notification List and to contribute to the expenses of carrying out of investigations under and the enforcement of this Act.

(7) A notice under subsection (2), (3) or (4) shall be in such form as may be prescribed.

(8) The owner of a sunbed business shall inform the Executive in writing of any change to the information included in the notice under subsection (2), (3) or (4) within 30 days of the occurrence of the change and the Executive shall enter that change on the Sunbed Business Notification List maintained in accordance with subsection (1).

(9) The Executive shall enter the information required under subsection (5), and notified to it under subsection (2), (3) or (4), on to the Sunbed Business Notification List compiled and maintained under subsection (1) and assign to each of the premises concerned a notification number.

(10) The owner or manager of a sunbed business shall display on the sunbed premises concerned, in such form or manner as may be prescribed, the notification number assigned to that premises under subsection (9).

(11) The owner of a sunbed business shall pay to the Executive such fee or fees prescribed under subsection (6) at such intervals as may be prescribed.

(12) A person—

(a) to whom subsection (2), (3) or (4) applies, who fails to notify the Executive in accordance with those subsections,

(b) who knowingly or recklessly provides false or misleading information to the Executive as respects notifying information required by subsection (5),

(c) who fails to inform the Executive of any change to the information in a notice under subsection (2), (3) or (4) within the period required by subsection (8),

(d) who fails to display on a sunbed premises the notification number assigned to that premises as required by subsection (10), or

(e) who fails to pay a fee prescribed under subsection (6) at such intervals as may be prescribed under subsection (11), commits an offence.

14. Training

14.(1) The Minister shall prescribe—

(a) training leading to a qualification in the use of sunbeds which is recognised within the National Framework of Qualifications maintained by the Qualifications and Quality Assurance Authority of Ireland in accordance with section 43 of the Qualifications and Quality Assurance (Education and Training) Act 2012, or

(b) such other qualification as the Minister considers equivalent to that prescribed under paragraph (a).

(2) The Minister may, after consultation with the Qualifications and Quality Assurance Authority of Ireland, prescribe—

(a) qualifications to be held by a person who offers a sunbed for use, sale or hire,

(b) the content, learning outcomes, type, length and frequency of the training (including continuing professional development training),

(c) the records to be retained on each sunbed premises relating to training and the period for which such records should be retained on those premises for inspection by an authorised officer.