2Offence by persons carrying on a businessE+W
(1)A person (a “business owner”) commits an offence if in the course of the business owner's business—
(a)a person other than an approved person administers, in England, to another person (“A”)—
(i)botulinum toxin, or
(ii)a subcutaneous, submucous or intradermal injection of a filler for a cosmetic purpose,
where A is under the age of 18;
(b)arrangements are made, in England, by or on behalf of the business owner, for a person other than an approved person to administer, in England, to another person (“A”)—
(i)botulinum toxin, or
(ii)a subcutaneous, submucous or intradermal injection of a filler for a cosmetic purpose,
where A is under the age of 18.
(2)For the purposes of subsection (1), an injection of a filler is, in particular, to be taken to be for a cosmetic purpose if—
(a)the filler injected, or arranged to be injected, is generally used for such a purpose, or
(b)the likely effect of the injection is, or would be, to alter the appearance of the person injected.
(3)A person who commits an offence under subsection (1) is liable on summary conviction to a fine.
(4)It is a defence for a business owner charged with an offence under subsection (1) to prove that the business owner took all reasonable precautions and exercised all due diligence to avoid committing it.
(5)In this section—
“approved person” means—
(a)a registered medical practitioner;
(b)a regulated health professional who, in administering the botulinum toxin or the filler (as the case may be), is or would be acting in accordance with the directions of a registered medical practitioner;
“filler” has the same meaning as in section 1;
“regulated health professional” has the same meaning as in section 1.
Commencement Information
I1S. 2 in force at 1.10.2021 by S.I. 2021/1004, reg. 2