Public Health etc. (Scotland) Act 2008

95 Prohibition on allowing use of sunbeds by persons under 18 S

(1) An operator of sunbed premises who, without reasonable excuse, allows a person who is under 18 to use a sunbed on those premises commits an offence.

(2) In proceedings for an offence under subsection (1), it is a defence for the operator to show that—

(a) the operator believed the person to be 18 or over; and

(b) the operator had taken reasonable steps to establish the person's age.

(3) For the purposes of subsection (2)(b), the operator is to be treated as having taken reasonable steps to establish the person's age if (and only if)—

(a) the operator was shown any of the documents mentioned in subsection (4); and

(b) that document would have convinced a reasonable person.

(4) The documents referred to in subsection (3)(a) are any document appearing to be—

(a) a passport;

[F1 (aa) a UK driving licence,]

(b) a European Union photocard driving licence; or

(c) such other document (or description of document) as may be prescribed.

(5) In subsections (2)(a) and (b) and (3), references to the operator include an employee or agent of the operator.

Textual Amendments

F1 S. 95(4)(aa) inserted (31.12.2020) by The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/142), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 S. 95 in force at 1.12.2009 by S.S.I. 2009/404, art. 2(1), Sch. 1