Hypnotism Act 1952

1952 CHAPTER 46 15 and 16 Geo 6 and 1 Eliz 2

An Act to regulate the demonstration of hypnotic phenomena for purposes of public entertainment.

[1st August, 1952]

Modifications etc. (not altering text)

C1 Act: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B16

1 Control of demonstrations of hypnotism at places licensed for public entertainment. E+W+S

(1) Where under any enactment an authority in any area [F1 in Scotland] have power to grant licences for the regulation of [F2 theatres or other places of public amusement or public entertainment], any power conferred by any enactment to attach conditions to any such licence shall include power to attach conditions regulating or prohibiting the giving of an exhibition, demonstration or performance of hypnotism on any person at the place to which the licence relates.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 1(1) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 26(2)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F2 Words in s. 1(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 26(2)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F3 S. 1(2) repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 26(3), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)

2 Control of demonstrations of hypnotism at other places. E+W

(1) No person shall give an exhibition, demonstration or performance of hypnotism on any living person at or in connection with an entertainment to which the public are admitted, whether on payment or otherwise, at any place [F4 , unless—

(a) the controlling authority have authorised that exhibition, demonstration or performance under this section, or

(b) the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it.]

[F5 (1A) The foregoing subsection shall not apply to an exhibition, demonstration or performance of hypnotism that takes place in the course of a performance of a play (within the meaning of the Theatres Act 1968) given [F6 at premises in Scotland in respect of which a licence under that Act is in force].]

(2) Any authorisation under this section may be made subject to any conditions.

(3) If a person gives any exhibition, demonstration or performance of hypnotism in contravention of this section, or in contravention of any conditions attached to an authorisation under this section, he shall be liable on summary conviction to a fine not exceeding [F7 level 3 on the standard scale].

[F8 (3A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.]

[F9 (4) In this section—

“ controlling authority ” means—

(a) in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and

(b) in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and

“ licensing authority ” has the meaning given by the Licensing Act 2003. ]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F4 Words in s. 2(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F5 S. 2(1A) inserted by Theatres Act 1968 (c. 54), Sch. 2

F6 Words in s. 2(1A) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F7 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289F, 289G

F8 S. 2(3A) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F9 S. 2(4) substituted for s. 2(4)(a)(b) (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(d) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

[F10 2 Control of demonstrations of hypnotism at other places. S

(1) No person shall give an exhibition, demonstration or performance of hypnotism on any living person at or in connection with an entertainment to which the public are admitted, whether on payment or otherwise, at any place [F4 , unless—

(a) the controlling authority have authorised that exhibition, demonstration or performance under this section, or

(b) the place is in Scotland and a licence mentioned in section 1 of this Act is in force in relation to it.]

[F15 (1A) The foregoing subsection shall not apply to an exhibition, demonstration or performance of hypnotism that takes place in the course of a performance of a play (within the meaning of the Theatres Act 1968) given [F6 at premises in Scotland in respect of which a licence under that Act is in force.]]

(2) Any authorisation under this section may be made subject to any conditions.

(3) If a person gives any exhibition, demonstration or performance of hypnotism in contravention of this section, or in contravention of any conditions attached to an authorisation under this section, he shall be liable on summary conviction to a fine not exceeding [F16 level 3 on the standard scale].

[F8 (3A) A function conferred by this section on a licensing authority is, for the purposes of section 7 of the Licensing Act 2003 (exercise and delegation by licensing authority of licensing functions), to be treated as a licensing function within the meaning of that Act.]

[F9 (4) In this section—

“controlling authority” means—

(a) in relation to a place in England and Wales, the licensing authority in whose area the place, or the greater or greatest part of it, is situated, and

(b) in relation to a place in Scotland, the authority having power to grant licences of the kind mentioned in section 1 in that area, and

“licensing authority” has the meaning given by the Licensing Act 2003.]]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F4 Words in s. 2(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F6 Words in s. 2(1A) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F8 S. 2(3A) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F9 S. 2(4) substituted for s. 2(4)(a)(b) (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 27(d) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F10 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1

F15 S. 2(1A) inserted by Theatres Act 1968 (c. 54), Sch. 2

F16 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289F, 289G

[F10 [F11 2A Fee. E+W+S

The person making an application to a controlling authority, being the council of a London borough, for an authorisation under section 2 of this Act shall on making the application pay to the council such reasonable fee as the council may determine.]

Textual Amendments

F10 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1

F11 S. 2A added (21.9.1994) by 1994 c. xii, ss. 1, 7(1)

3 Prohibition on hypnotising persons under twenty-one. E+W+S

A person who gives an exhibition, demonstration or performance of hypnotism on a person who has not attained the age of [F12 eighteen] years at or in connection with an entertainment to which the public are admitted, whether on payment or otherwise, shall, unless he had reasonable cause to believe that that person had attained that age, be liable on summary conviction to a fine not exceeding [F13 level 3 on the standard scale].

Textual Amendments

F10 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1

F12 Word substituted (S.) by Age of Majority (Scotland) Act 1969 (c. 39), s. 1(3), Sch. 1 Pt. I and (E.W) by Family Law Reform Act 1969 (c. 46), s. 1(3), Sch. 1 Pt. I

F13 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289F, 289G

4 Entry of premises. E+W+S

[F14 Any police constable may enter any premises where any entertainment is held if he has reasonable cause to believe that any act is being or may be done in contravention of this Act.]

Textual Amendments

F10 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1

F14 S. 4 repealed (E.W.) (1.7.2012) by Protection of Freedoms Act 2012 (c. 9) , s. 120 , Sch. 2 para. 11(1) , Sch. 10 Pt. 2 (with s. 97 )

5 Saving for scientific purposes. E+W+S

Nothing in this Act shall prevent the exhibition, demonstration or performance of hypnotism (otherwise than at or in connection with an entertainment) for scientific or research purposes or for the treatment of mental or physical disease.

Textual Amendments

F10 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1

6 Interpretation. E+W+S

In this Act, except where the context otherwise requires it, the following expression shall have the meaning hereby assigned to it, that is to say:—

“hypnotism” includes hypnotism, mesmerism and any similar act or process which produces or is intended to produce in any person any form of induced sleep or trance in which the susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased but does not include hypnotism, mesmerism or any such similar act or process which is self-induced.

Textual Amendments

F10 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1

7 Short title, extent and commencement. E+W+S

(1) This Act may be cited as the Hypnotism Act 1952.

(2) This Act shall not extend to Northern Ireland.

(3) This Act shall come into force on the first day of April, nineteen hundred and fifty-three.]

Textual Amendments

F10 S. 2(4) substituted (E.W.) by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1) , s. 1 , Sch. 2 para. 1